Centennial Colorado Petitioner's Motion to Dismiss - Family Matters

State:
Colorado
City:
Centennial
Control #:
CO-JDF-1304
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Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Order RE: Petitioner's Motion to Dismiss, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. CO-JDF-1304

In Centennial, Colorado, the Order regarding Petitioner's Motion to Dismiss is a legal ruling that addresses the petitioner's request for the dismissal of a case. This order is issued by the court after carefully considering the arguments presented by the petitioner and considering any relevant laws or precedents. The Centennial Colorado Order regarding Petitioner's Motion to Dismiss may encompass different types based on the specific circumstances of the case. Some common types include: 1. Centennial Colorado Order Granting Petitioner's Motion to Dismiss: This type of order is issued when the court determines that the petitioner's arguments are persuasive and justifiable. The court finds that the case lacks sufficient legal basis or that the petitioner has met the necessary criteria for dismissal. 2. Centennial Colorado Order Denying Petitioner's Motion to Dismiss: In this type of order, the court rejects the petitioner's request for dismissal. The court finds that the case has merit and should proceed to further proceedings. This denial typically means that the respondent's arguments for the case's continuation are deemed stronger than the petitioner's arguments for dismissal. 3. Centennial Colorado Order Partially Granting Petitioner's Motion to Dismiss: This type of order acknowledges the validity of some of the petitioner's arguments for dismissal while rejecting others. The court may grant dismissal of specific claims or parties while allowing the case to proceed on other grounds. The order specifies which aspects of the case are dismissed and which ones will continue. 4. Centennial Colorado Order With Prejudice: This type of order denotes that the case is dismissed permanently and cannot be refiled. The court's decision is final and conclusive, preventing the petitioner from pursuing the case again in the future. The court typically issues such an order when there is a significant procedural violation or lack of merit in the petitioner's claims. 5. Centennial Colorado Order Without Prejudice: In contrast to a dismissal order with prejudice, a dismissal without prejudice allows the petitioner to refile the case at a later date. The court may issue this order if the dismissal is related to technical or procedural issues that can be resolved, giving the petitioner an opportunity to rectify any deficiencies and refile the case. It's important to note that the specific titles or terms used may vary slightly depending on the jurisdiction or court where the order is issued. However, the general concepts described above are applicable to Centennial, Colorado, and many other jurisdictions. Proper legal advice and consultation with an attorney specializing in Colorado law should be sought for accurate information regarding the particulars of an individual case.

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FAQ

Here, since this discussion is in the context of responding to a motion to dismiss, which is not a responsive pleading within the meaning of the rules, the plaintiff may respond to the motion to dismiss by amending the complaint as a matter of right, i.e, without permission from the court or from the parties.

If a case is ?reinstated? it is reopened after being dismissed. If your case was dismissed for want of prosecution, you can ask the judge to reopen your case by filing a Motion to Reinstate Case on Docket and Notice of Hearing (if you file by the deadline discussed below.)

(1) The court in its discretion may invite or order any person in the underlying proceeding to respond to the rule to show cause within a fixed time. Any person in the underlying proceeding may request permission to respond to the rule to show cause but may not respond unless invited or ordered to do so by the court.

This period is typically between three to six years but varies based on the state you live in, as well as the nature of the offense. Essentially it is a time limit for cases to be filed.

The responding party shall have 21 days after the date of service of a motion, or such lesser or greater time as the court may allow, in which to file a response. The moving party may file a reply no later than 14 days after the date of service of the response, or such lesser or greater time as the court may allow.

If a defendant is not served within 63 days (nine weeks) after the complaint is filed, the court-on motion or on its own after notice to the plaintiff-shall dismiss the action without prejudice against that defendant or order that service be made within a specified time.

Actions not prosecuted or brought to trial with due diligence may, upon notice, be dismissed without prejudice unless otherwise specified by the court upon 28 days' notice in writing to all appearing parties or their counsel of record, unless a party shows cause in writing within said 28 days why the case should not be

If a defendant is not served within 63 days (nine weeks) after the complaint is filed, the court-on motion or on its own after notice to the plaintiff-shall dismiss the action without prejudice against that defendant or order that service be made within a specified time.

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More info

Petitioner. V. CENTENNIAL RANCH AND ASPEN MOUNTAIN RANCH ASSOCIATION. Respondent. On Petition for Certiorari to the Colorado Supreme Court- Case No.41 pagesAttorney for Petitioner. For more information, contact Paul Farquharson.

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Centennial Colorado Petitioner's Motion to Dismiss - Family Matters